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What is Adjudication?

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Adjudication may be defined as an accelerated and cost effective form of dispute resolution that, unlike other means of resolving disputes involving a third party intermediary, the outcome is a decision by a third party which is binding on the parties in dispute and is final unless and until reviewed by either arbitration of litigation.

Adjudication is not arbitration or litigation. Arbitration is a method of resolving disputes between two or more parties by reference to one or more persons appointed for that purpose, typically in accordance with procedures laid down in the Arbitration Act 42 of 1965. Litigation is the system by which the advocates representing each side adduce arguments in a Court of law to persuade the tribunal (judge, jury or assessors) that they have the better legal case.

All the standard forms of contract supported by the Construction Industry Development Board contain adjudication procedures – see CIDB Best Practice Guideline #C3 Adjudication